Obtaining a patent legally protects your original design, invention or process and gives you a way to enforce your rights. A court can order a competitor or individual to stop using your invention and award you monetary damages as compensation. You can obtain a patent by filing an application with the United States Patent and Trademark Office. The USPTO compares your invention with the patents already granted to determine if your invention is unique enough to deserve a patent. You can file the application yourself on the USPTO website or hire a patent attorney to handle the application process for you.

Conduct a Patent Search

You can use the USPTO website to determine if a patent application has already been filed or a patent granted for your invention. The USPTO will not grant your application if your invention is the same or too similar to another. You can do a quick search or advanced search and view the full-page images of the invention ideas already submitted that resemble yours. If you find your invention in the USPTO database, you must sufficiently redesign your invention so that it meets USPTO unique invention specifications.

Select a Patent Type

Your invention is one of three types: utility, design or plant. Utility patents are awarded for new and useful inventions. Utility patents are granted for computer hardware, electronics, household items and manufacturing equipment. A design patent protects your original design or logo. It also covers ornamental shapes such as the rectangular design of a cell phone. Plant patents are awarded for developing new types of plant hybrids and seedlings. Utility patents protect your invention for 20 years, design patents provide protection for 14 years and plant patents provide at least 20 years of protection from the day the patent is issued.

File the Application Online

The USPTO lets you file your patent application and accompanying documents on its online website. You can prepare your documents using a word processing program and upload them directly to the USPTO website. If you do not have time to complete the application in one sitting, you can save your work and finish it later. Once the USPTO accepts your application and documents, you will receive a receipt bearing the date and time your information was received.

Receive Your Patent

Depending on the backlog of applications, it can take 12 months or longer for your patent application to be reviewed. You may have to provide additional information or addendums to supplement your original application and documents. You will receive a Notice of Allowance if the USPTO approves your application. After paying the required fee, the USPTO issues you a patent. However, if the USPTO denies your application, you can appeal the rejection and obtain a second review of your patent application.

About the Author

Based in St. Petersburg, Fla., Karen Rogers covers the financial markets for several online publications. She received a bachelor's degree in business administration from the University of South Florida.